Pre-publication draft September 2023
of citizens, who — as in the case of Nubians in Kenya, Haitians in the Dominican Republic
and Rohingyas in Myanmar — may not receive state recognition, and thus be rendered
precarious. Arbitrary and overly demanding evidentiary standards and procedures have
weakened the security of citizenship status, rendering numerous citizens precarious.15
This chapter, though, seeks to illuminate a different facet of precarious citizenship in India.
This form of precariousness arises not so much from the formal procedures, which, being
arbitrary or discriminatory, formally revoke or threaten to revoke citizenship status. Rather,
this chapter focusses on precarious citizenship that is produced by the insidious exercise of
state power, which makes citizenship status inoperable for vulnerable minority populations
rather than formally revoking it.
The chapter draws from the critical citizenship studies tradition to characterize this form of
precarity as ‘irregular citizenship’. Precarious citizens in India may formally continue to be
citizens. But as citizens whose citizenship is being irregularized, they are unable to access
material and legal goods attached to formal citizenship. This includes their inability, due to
official practices, to obtain legal redress based on the normal application of legality. Irregular
citizenship is thus neither a status of non-citizenship nor in-betweenness: rather, it is a
condition. This precariousness is marked by ambivalence, uncertainty and ambiguity of
citizenship status. It is not marked by transitory or shifting legal identity, but a state of
suspended animation constituted by the non-application of ordinary legal norms.
This chapter argues that the contemporary mass irregularization of Indian citizens has
resulted from the historically evolving processes of racialization and exceptionalism. The
matter of states irregularizing citizenship, as in the case of India, is not only a story of
heightened and overly arduous legal standards that have weakened citizenship security. It is
more profoundly about states refusing to apply constitutional due process norms to the
citizenship status of stigmatised minorities. State authorities in India — both the government
and the courts — have framed citizenship policies in the language of legality. But they have
consistently and decisively placed them in the space outside the ordinary process of law.
The first section introduces the history and contours of the Indian citizenship regime. There
has been a growing paranoia, particularly since the 1980s, that alleged illegal immigration from
Bangladesh, first in Assam and then across the country, was altering religious and ethnic
demography. This paranoia in Assam resulted from the fear among socially dominant groups
of loss of their political dominance. Outside Assam, right-wing political parties politicised this
issue as a religious threat posed by Muslims. I argue that these political developments triggered
a process of racialization of Bengali-origin minorities in Assam, and more specifically Bengaliorigin Muslims or Miyas. By the early 2000s, this racialization came to be fused with the
discourse of national security, which legitimized exceptional procedures that increasingly
subjected the citizenship of a vast number of Indians to extraordinary legal procedures. The
Indian state has instrumentalized these procedures to eventually dispossess citizens of the
ordinary legal and material goods attached to Indian citizenship.
The subsequent sections give two examples of India’s institutions, in the context of
racialization and exceptionalism, irregularizing citizens. These sections show how the courts
15
See generally Benjamin N Lawrence and Jacqueline Stevens (eds), Citizenship in Question: Evidentiary
Birthright and Statelessness (Duke UP 2017).
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Electronic copy available at: https://ssrn.com/abstract=4111014